2003 Supreme(Cal) 140

High Court Of Calcutta
D. P. KUNDU
SITALA PRASAD JAISWAL - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P.  348 W  Of  2003
Decided On : 03/24/2003

A Municipality cannot refuse to sanction a building plan on the ground that the premises in question is a factory premises and necessary permission in terms of sections 4b, 4c and 4d of the West Bengal Land Reforms Act, 1955 has not been obtained, where the character of the land has been changed in the records and it is now recorded as "danga".

Headnote:

BUILDING PLAN - SANCTION - MUNICIPAL CORPORATION - WEST BENGAL TOWN AND COUNTRY (PLANNING AND DEVELOPMENT) ACT, 1979 - URBAN LAND (CEILING AND REGULATION) ACT, 1976 - BENGAL MUNICIPAL ACT, 1932 - WEST BENGAL LAND REFORMS ACT, 1955 - Petitioners challenged the resolution passed by the Board of Councillors of South Dum Dum Municipality, refusing to sanction their building plan. Petitioners claimed that they had complied with all the required formalities, including submitting a no objection certificate from the Competent Authority under the Urban Land Ceiling Act, but the Municipality did not take any decision. The Municipality contended that the premises in question was a factory premises and necessary permission in terms of sections 4b, 4c and 4d of the West Bengal Land Reforms Act, 1955 had not been obtained from the Land and Land Reforms Office.

Fact of the Case:

The petitioners, owners of premises in South Dum Dum Municipality, submitted a building plan to the Municipality in 1991. The Municipality directed the petitioners to rectify the plan and submit permission from the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976. The petitioners complied with the Municipality's directions. In 1993, the petitioners initiated a writ proceeding challenging the Municipality's inaction in sanctioning the plan. The High Court directed the Municipality to act within 15 days in accordance with law. In 1999, the Competent Authority under the Urban Land Ceiling Act dropped the Urban Land Ceiling proceedings against the petitioners, holding that there was no excess vacant land. The petitioners deposited a pay order for Rs. 40,38,745/- with the Municipality as sanction fee of the plan. However, the Municipality did not sanction the plan and refunded the amount with interest. The petitioners initiated another writ proceeding challenging the Municipality's decision. The High Court directed the Municipality to communicate the decision of not approving the sanction to the petitioners and refund the amount of Rs. 40,38,745/- with interest at the rate of 12% per annum. The Municipality communicated the resolution taken by the Board of Councillors on 7. 10. 2002, refusing to sanction the plan on the ground that the premises in question was a factory premises and necessary permission in terms of sections 4b, 4c and 4d of the West Bengal Land Reforms Act, 1955 had not been obtained.

Finding of the Court:

The High Court held that the resolution passed by the Board of Councillors on 7. 10. 2002 was illegal and quashed it. The Court held that the building plan submitted by the petitioners required immediate consideration by the South Dum Dum Municipality and it was not necessary to have the view or approval of any department of Government of West Bengal. The Court directed the Municipality to consider the building plan and take a final decision within six weeks from the date of communication of the order.

Issues: 1. Whether the Municipality could refuse to sanction the building plan on the ground that the premises in question was a factory premises and necessary permission in terms of sections 4b, 4c and 4d of the West Bengal Land Reforms Act, 1955 had not been obtained. 2. Whether the Municipality could refuse to sanction the building plan without giving any reasons.

Ratio Decidendi: 1. The High Court held that the Municipality could not refuse to sanction the building plan on the ground that the premises in question was a factory premises and necessary permission in terms of sections 4b, 4c and 4d of the West Bengal Land Reforms Act, 1955 had not been obtained. The Court held that the land in question was no longer treated as "karkhana" as the character of the land had been changed in the records and it was now recorded as "danga". 2. The High Court held that the Municipality could not refuse to sanction the building plan without giving any reasons. The Court held that the Municipality was required to take a final decision on the building plan within six weeks from the date of communication of the order and communicate such final decision including the reasons to the petitioners within two weeks from the date of such decision.

Final Decision: The High Court set aside and quashed the resolution passed by the Board of Councillors on 7. 10. 2002 and directed the Municipality to consider the building plan submitted by the petitioners and take a final decision within six weeks from the date of communication of the order. The Court further directed the Municipality to communicate such final decision including the reasons to the petitioners within two weeks from the date of such decision.